Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 38985 

1See Methionine from Spain: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value, Preliminary Negative Determination of 

Critical Circumstances, Postponement of Final 

Determination and Extension of Provisional 

Measures, 86 FR 12614 (March 4, 2021) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Decision Memorandum for 

the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Methionine from 

Spain,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

3See Commerce’s Letter, ‘‘Remote Verification 

Questionnaire for Adisseo Espan ̃ a,’’ dated March 

29, 2021; see also Adisseo Espan ̃ a’s Letter, 

‘‘Antidumping Investigation of Methionine from 

Spain: Response to the Department’s Remote 

Verification Questionnaire,’’ dated April 6, 2021. 

4For a full description of the methodology and 

results of Commerce’s critical circumstances 

analysis, see Preliminary Determination 

Memorandum at 4. 

5See Commerce’s Letter, ‘‘Product Characteristics 

for Use in Sections B and C Questionnaire 

Responses of Methionine from Spain,’’ dated 

September 25, 2020; see also Preliminary 

Determination PDM at 12. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Changes Since the Preliminary 

Determination 

IV. Final Negative Determination of Critical 

Circumstances 

V. Discussion of the Issues 

Comment 1: Research and Development 

(R&D) Expenses 

Comment 2: Offset to the General & 

Administrative (G&A) Ratio 

Comment 3: ‘‘Other’’ Financial Expenses 

Comment 4: Shutdown Adjustment 

Comment 5: Startup Adjustment 

Comment 6: Packaging Materials/Product 

Characteristics 

Comment 7: Critical Circumstances 

VI. Recommendation 

[FR Doc. 2021–15755 Filed 7–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–822] 

Methionine From Spain: Final 

Affirmative Determination of Sales at 

Less Than Fair Value and Final 

Affirmative Determination of Critical 

Circumstances 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that imports of 

methionine from Spain are being, or are 

likely to be, sold in the United States at 

less than fair value (LTFV) for the 

period of investigation July 1, 2019, 

through June 30, 2020. Further, 

Commerce determines that critical 

circumstances exist for the sole 

mandatory respondent Adisseo Espan ̃ a 

S.A. (Adisseo Espan ̃ a) and for all other 

producers and exporters. 

DATES: Applicable July 23, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Bremer, AD/CVD Operations, 

Office IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4987. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 4, 2021, Commerce 

published in the Federal Register the 

preliminary affirmative determination 

in the LTFV investigation of methionine 

from Spain, in which we also postponed 

the final determination until July 19, 

2021.1 Commerce invited interested 

parties to comment on the Preliminary 

Determination. A summary of the events 

that occurred since Commerce 

published the Preliminary 

Determination, may be found in the 

Issues and Decision Memorandum.2

Scope of the Investigation 

The product covered by this 

investigation is methionine from Spain. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

During the course of this 

investigation, Commerce received no 

scope comments from interested parties. 

Therefore, Commerce is not modifying 

the scope language as it appeared in the 

Preliminary Determination. See 

Appendix I for the final scope of the 

investigation. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs that were submitted by 

parties in this investigation are 

addressed in the Issues and Decision 

Memorandum. A list of the issues 

addressed in the Issues and Decision 

Memorandum is attached to this notice 

as Appendix II. The Issues and Decision 

Memorandum is a public document and 

is on file electronically via Enforcement 

and Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at https://access.trade.gov. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn. 

Verification 

Commerce was unable to conduct onsite verification of the information 

relied upon in making its final 

determination in this investigation. 

However, we took additional steps in 

lieu of an on-site verification to verify 

the information relied upon in making 

this final determination, in accordance 

with section 782(i) of the Tariff Act of 

1930, as amended (the Act).3

Changes Since Preliminary 

Determination 

Based on our analysis of the 

comments received and our findings 

related to our request for information in 

lieu of verification, we made certain 

changes to the margin calculations with 

respect to Adisseo Espan ̃ a, the sole 

mandatory respondent in this 

investigation. In light of these changes 

to the margin calculations and the 

resulting revised estimated weighted 

average dumping margin for Adisseo 

Espan ̃ a, we have also revised the allothers rate. For a discussion of these 

changes, see the Issues and Decision 

Memorandum. 

Final Affirmative Determination of 

Critical Circumstances 

In accordance with section 733(e) of 

the Act and 19 CFR 351.206, Commerce 

preliminarily determined that critical 

circumstances did not exist for Adisseo 

Espan ̃ a or for all others.4 Commerce did 

not receive any comments in response 

to its preliminary determination with 

respect to critical circumstances. 

However, for this final determination, 

Commerce determines that critical 

circumstances exist, within the meaning 

of section 735(a)(3) of the Act and 19 

CFR 351.206, for imports of methionine 

from Spain exported and/or produced 

by Adisseo Espan ̃ a and imports of 

methionine from Spain produced and/or 

exported by all other companies. For a 

full description of methodology and 

results of Commerce’s final affirmative 

critical circumstances analyses, see 

Issues and Decision Memorandum. 

Product Characteristics 

Commerce preliminary identified 

three criteria for the physical 

characteristics of the subject 

merchandise: (1) Type; (2) form; and (3) 

concentration level of methionine 

content.5 For this final determination, 

we made no changes to physical 

characteristics in our analysis. However, 

because Commerce made a change with 

respect to packaging characteristics in 


khammond on DSKJM1Z7X2PROD with NOTICES
38986 Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 

6See Methionine from Japan: Final Affirmative 

Determination of Sales at Less Than Fair Value and 

Final Negative Determination of Critical 

Circumstances (Methionine from Japan), and the 

accompanying Issues and Decision Memorandum at 

Comment 6. 

the final determination of Methionine 

from Japan,6 if Commerce were to issue 

an antidumping duty order in this case, 

we expect to reexamine this issue 

during the first administrative review 

conducted in this proceeding. 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated weightedaverage dumping margin for all other 

producers and exporters not 

individually investigated shall be equal 

to the weighted average of the estimated 

weighted-average dumping margins 

established for exporters and producers 

individually investigated excluding 

rates that are zero, de minimis, or 

determined entirely under section 776 

of the Act. Pursuant to section 

735(c)(5)(B) of the Act, if the estimated 

weighted-average dumping margins 

established for all exporters and 

producers individually examined are 

zero, de minimis or determined based 

entirely on facts otherwise available, 

Commerce may use any reasonable 

method to establish the estimated 

weighted-average dumping margin for 

all other producers or exporters. 

Commerce calculated an individual 

estimated weighted-average dumping 

margin for the sole mandatory 

respondent, Adisseo Espan ̃ a. Therefore, 

for the purposes of determining the allothers rate, and pursuant to section 

735(c)(5)(A) of the Act, we are using the 

dumping margin calculated for Adisseo 

Espan ̃ a, which is not zero, de minimis, 

or determined entirely under section 

776 of the Act. For a full description of 

the methodology underlying 

Commerce’s analysis, see the Issues and 

Decision Memorandum. 

Final Determination 

Pursuant to section 735 of the Act, the 

final estimated weighted-average 

dumping margins are as follows: 

Exporter and/ 

or producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Adisseo Espan ̃a S.A. .................. 37.53 

All Others .................................... 37.53 

Disclosure 

We intend to disclose the calculations 

performed in this final determination 

within five days of the date of 

publication of this notice to parties in 

this proceeding in accordance with 19 

CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, Commerce will 

instruct U.S. Customs and Border 

Protection (CBP) to continue to suspend 

liquidation of all appropriate entries of 

methionine from Spain, as described in 

Appendix I of this notice, which were 

entered, or withdrawn from warehouse, 

for consumption on or after March 4, 

2021, the date of publication in the 

Federal Register of the affirmative 

Preliminary Determination. 

Section 735(c)(4) of the Act provides 

that if there is an affirmative 

determination of critical circumstances, 

any suspension of liquidation shall 

apply to unliquidated entries of subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the later of: (a) The date which is 

90 days before the date on which the 

suspension of liquidation was first 

ordered; or (b) the date on which notice 

of initiation of the investigation was 

published. As noted above, Commerce 

finds that critical circumstances exist 

for imports of subject merchandise 

produced and/or exported by Adisseo 

Espan ̃ a and by all other producers and 

exporters. Therefore, in accordance with 

section 735(c)(4) of the Act, suspension 

of liquidation shall continue to apply to 

unliquidated entries of subject 

merchandise produced and/or exported 

by Adisseo Espan ̃ a and by all other 

producers and exporters that were 

entered, or withdrawn from warehouse, 

for consumption on or after the date 

which is 90 days before the date of 

publication of the Preliminary 

Determination in the Federal Register. 

Pursuant to section 735(c)(1)(B)(ii) of 

the Act and 19 CFR 351.210(d), we will 

instruct CBP to require a cash deposit 

equal to the estimated weighted-average 

dumping margin or the estimated allothers rate, as follows: (1) The cash 

deposit rate for the respondent listed 

above will be equal to the companyspecific estimated weighted-average 

dumping margin determined in this 

final determination; (2) if the exporter is 

not a respondent identified above, but 

the producer is, then the cash deposit 

rate will be equal to the companyspecific estimated weighted-average 

dumping margin established for that 

producer of the subject merchandise; 

and (3) the cash deposit rate for all other 

producers and exporters will be equal to 

the all-others estimated weightedaverage dumping margin. 

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the International 

Trade Commission (ITC) of this final 

affirmative determination of sales at 

LTFV. Because Commerce’s final 

determination is affirmative, in 

accordance with section 735(b)(2) of the 

Act, the ITC will make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports or 

sales (or the likelihood of sales) for 

importation of methionine from Spain 

no later than 45 days after this final 

determination. If the ITC determines 

that such injury does not exist, this 

proceeding will be terminated, all cash 

deposits posted will be refunded, and 

suspension of liquidation will be lifted. 

If the ITC determines that such injury 

does exist, Commerce will issue an 

antidumping duty order directing CBP 

to assess, upon further instruction by 

Commerce, antidumping duties on all 

imports of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation, as 

discussed above in the ‘‘Continuation of 

Suspension of Liquidation’’ section. 

Notification Regarding Administrative 

Protective Orders 

This notice will serve as a final 

reminder to the parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

This determination and this notice are 

issued and published pursuant to 

sections 735(d) and 777(i)(1) of the Act, 

and 19 CFR 351.210(c). 

Dated: July 19, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation is methionine and dl-Hydroxy 

analogue of dl-methionine, also known as 2- 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 38987 

Hydroxy 4-(Methylthio) Butanoic acid 

(HMTBa), regardless of purity, particle size, 

grade, or physical form. Methionine has the 

chemical formula C5H11NO2S, liquid HMTBa 

has the chemical formula C5H10O3S, and dry 

HMTBa has the chemical formula 

(C5H9O3S)2Ca. 

Subject merchandise also includes 

methionine processed in a third country 

including, but not limited to, refining, 

converting from liquid to dry or dry to liquid 

form, or any other processing that would not 

otherwise remove the merchandise from the 

scope of this investigation if performed in the 

country of manufacture of the in-scope 

methionine or dl-Hydroxy analogue of dlmethionine. 

The scope also includes methionine that is 

commingled (i.e., mixed or combined) with 

methionine from sources not subject to this 

investigation. Only the subject component of 

such commingled products is covered by the 

scope of this investigation. 

Excluded from this investigation is United 

States Pharmacopoeia (USP) grade 

methionine. In order to qualify for this 

exclusion, USP grade methionine must meet 

or exceed all of the chemical, purity, 

performance, and labeling requirements of 

the United States Pharmacopeia and the 

National Formulary for USP grade 

methionine. 

Methionine is currently classified under 

subheadings 2930.40.00.00 and 

2930.90.46.00 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

Methionine has the Chemical Abstracts 

Service (CAS) registry numbers 583–91–5, 

4857–44–7, 59–51–8 and 922–50–9. While 

the HTSUS subheadings and CAS registry 

number are provided for convenience and 

customs purposes, the written description of 

the scope of this investigation is dispositive. 

Appendix II 

List of Sections in the Issues and Decision 

Memorandum 

I. Summary 

II. Background 

III. Changes Since the Preliminary 

Determination 

IV. Final Affirmative Determination of 

Critical Circumstances 

V. Discussion of the Issues: 

a. Comment 1: Whether To Grant a 

Constructed Export Price Offset 

b. Comment 2: Whether Certain Sales Are 

Outside the Normal Course of Trade 

c. Comment 3: Whether To Recalculate 

Indirect Selling Expenses (ISE) 

d. Comment 4: Whether To Apply Adverse 

Facts Available (AFA) on Certain U.S. 

Sales Fields 

VI. Recommendation 

[FR Doc. 2021–15753 Filed 7–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB258] 

Mid-Atlantic Fishery Management 

Council (MAFMC); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council’s Mackerel, Squid, 

and Butterfish (MSB) Committee and 

MSB Advisory Panel will hold a joint 

public meeting. 

DATES: The meeting will be held on 

Friday, August 6, 2021, from 9 a.m. to 

2 p.m. For agenda details, see 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: The meeting will be held 

via webinar. Webinar connection, 

agenda items, and any additional 

information will be available at 

www.mafmc.org/council-events. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N State 

Street, Suite 201, Dover, DE 19901; 

telephone: (302) 674–2331; 

www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D., Executive 

Director, Mid-Atlantic Fishery 

Management Council, telephone: (302) 

526–5255. 

SUPPLEMENTARY INFORMATION: The 

purpose of the meeting is for the MSB 

Committee and MSB Advisory Panel to 

provide recommendations regarding 

Atlantic mackerel, potentially 

including: 2021/22 emergency action, 

future specifications, and/or rebuilding 

plan modifications and options. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Kathy Collins at the Council Office, 

(302) 526–5253, at least 5 days prior to 

the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: July 20, 2021. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–15714 Filed 7–22–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB261] 

Caribbean Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The Caribbean Fishery 

Management Council (CFMC) will hold 

the 175th public meeting (virtual) to 

address the items contained in the 

tentative agenda included in the 

SUPPLEMENTARY INFORMATION. 

DATES: The 175th CFMC public meeting 

(virtual) will be held on August 11, 

2021, from 9 a.m. to 5 p.m. The meeting 

will be at AST (U.S. Caribbean time, 

presently same as EST). 

ADDRESSES: You may join the 175th 

CFMC public meeting (virtual) via 

Zoom, from a computer, tablet or 

smartphone by entering the following 

address: 

Join Zoom Meeting 

https://us02web.zoom.us/j/

83060685915?pwd=

VmVsc1orSUtKck8xYk1XOXNDY1

ErZz09 

Meeting ID: 830 6068 5915 

Passcode: 995658 

One Tap Mobile 

+17879451488,,83060685915#,,,,,,0#

,,995658# Puerto Rico 

+17879667727,,83060685915#,,,,,,0#

,,995658# Puerto Rico 

Dial by Your Location 

+1 787 945 1488 Puerto Rico 

+1 787 966 7727 Puerto Rico 

+1 939 945 0244 Puerto Rico 

Meeting ID: 830 6068 5915 

Passcode: 995658 

In case there are problems and we 

cannot reconnect via Zoom, the meeting 

will continue using GoToMeeting. 

You can join the meeting from your 

computer, tablet or smartphone at 

https://global.gotomeeting.com/join/

971749317. You can also dial in using 

your phone. United States: +1 (408) 

650–3123 Access Code: 971–749–317. 

FOR FURTHER INFORMATION CONTACT: 

Miguel A. Rolo ́n, Executive Director, 

Caribbean Fishery Management Council, 

270 Mun ̃oz Rivera Avenue, Suite 401, 

San Juan, Puerto Rico 00918–1903, 

telephone: (787) 398–3717. 


khammond on DSKJM1Z7X2PROD with NOTICES